The Empty Case for Overruling Auer Deference
Contrary to criticisms, Auer deference does not encourage agencies to self-delegate.
Week in Review
Supreme Court will hear case on deference to agencies, EPA and Army Corps of Engineers propose new definition to “waters of the United States,” and more…
The Independence of Egypt’s Consumer Protection Agency
New law implicates the political insulation, structure, and power of Egypt’s consumer protection regulator.
Agency Independence Under Egypt’s New Media Law
Recent legislation raises constitutional issues concerning presidential power over independent agencies.
Preserving Clinician Discretion Under Health Privacy Regulation
HIPAA does not stop health care providers from disclosing patient information to provide better care.
Building Capacity for Economic Analysis at Independent Agencies
Independent agencies should take steps to conduct more thorough economic analysis when writing regulations.
Simpler Justice
The justice system needs to become faster, cheaper, and better for the poor and the middle class.
Misdemeanor Cases Need Lawyers Too
Barton and Bibas’s suggestions about misdemeanor would increase charges and harm defendants.
“Right to Try” Marks New Era in the Treatment of Terminally Ill Patients
The Right to Try Act represents an important step toward helping dying patients with little recourse.
How Often Does the Supreme Court Actually Apply Chevron?
The Court applies the Chevron test more often than one influential study suggests.